Chapter
2:
Concept
note
common
property,
(3)
state
or
public
property
and
(4)
no
property
(res
nullius).
In
the
Yemen
study,
we
see
that
several
property
regimes
apply
at
the
same
moment,
which
may
be
a
cause
for
conflicts.
Property
rights
are
not
absolute;
they
often
include
restrictions
on
the
use
of
property
by
owners.
These
restrictions
become
more
extensive
in
modernized
and
societies
or
modern
water
legislation.
It
has
been
argued
that
bottom-‐up
organised
common
property
arrangements
have
already
existed
for
drainage
and
irrigation,
oftentimes
for
centuries.
The
same
is
also
true
for
Yemen.
To
restrict
property
rights,
the
public
domain
requires
centralized
or
decentralized
powers
to
assign
responsibilities
and
to
organise
policy
processes.
In
the
Yemen
study,
we
have
identified
a
mix
of
allocation
mechanisms
for
authority
and
responsibilities,
which
may
also
be
a
cause
for
conflicts.
Financing
water
management
Empowerment
with
financial
means
is
also
part
of
a
sustainable
water
governance
system.
Depending
on
shared
values
and
principles
the
financing
water
management
is
based
upon,
conflicts
may
be
more
expected
or
more
easily
solved.
We
can
think
of
cost
recovery
through
a
solidarity
principle,
which
means
that
the
costs
of
water
policy
are
recovered
from
the
national
budget
or
budgets
of
decentralized
authorities.
We
can
also
think
of
cost
recovery
through
a
profit
principle,
which
means
that
those
who
have
an
interest
in
water
services
and
the
profits
that
arise
therefrom,
also
pay
for
it.
Participative
capacity
Participation
is
important
to
enable
all
water
uses
to
have
an
equal
opportunity
to
become
expressed
and
recognized.
Decentralization
and
strong
local
communities
are
seen
as
a
favorable
condition
for
participation.
Regulations
and
agreements
Regulations
and
agreements
are
the
link
between
content
and
implementation
and
serve
as
a
translation
of
service
level
agreements
in
rules,
regulations,
agreements
and
procedures.
The
appropriateness
of
rules
and
agreements
depends
strongly
on
the
context
of
a
certain
case,
as
well
as
on
cultural,
historical,
political,
institutional
and
economic
circumstances
(developing/developed
countries,
rural/urban
areas,
religion,
political/philosophical
traditions),
the
legal
traditions
(common/civil
law/traditional/indigenous
law
systems),
the
governmental
organisation
(centralized/decentralized/river
basin
management
approach),
the
parties
involved,
the
leading
values
and
principles,
the
relevant
and
local
water
system
characteristics,
the
actual
water
problem
that
has
to
be
solved
and
last
but
not
least,
the
intention
of
the
parties.
The
main
assessment
criterion
of
regulations
and
agreements
is
legitimacy.
Engineering
and
Monitoring
The
design
and
management
of
the
existing
infrastructure
may
not
be
suitable
to
fulfil
the
societal
functions.
For
instance,
the
capacity
of
irrigation
canals
may
be
insufficient,
as
is
the
case
in
Ye